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Legal Advocacy - Litigation - Our Work - AARP Foundation Skip to content

AARP Foundation Legal Advocacy

AARP Foundation conducts legal advocacy through its litigating arm, AARP Foundation Litigation (AFL). AFL advocates for systemic change in federal and state courts nationwide to advance the legal rights and interests of people 50 and older, particularly low-income and vulnerable individuals. Through representation in significant cases and participation as amicus curiae (“friend of the court”), AFL addresses harmful, widespread practices or policies of industry, business, or government. AFL helps older people stay connected to their communities by tearing down barriers and establishing pathways to economic opportunity and social stability.

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Current Priorities

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ECONOMIC  OPPORTUNITY - AARP Foundation attorneys litigate on behalf of older adults to secure opportunities to generate income and to protect their assets. 

Earning - Create opportunities to earn a living

AFL defends the rights of older adults in cases involving hiring, promoting, and terminating in the workplace.

Saving - Protect savings and assets

AFL protects savers, investors, and consumers through legal advocacy concerning employee health and welfare benefits; pension benefits; and fraudulent, predatory, and discriminatory commercial practices (financial exploitation).

 

SOCIAL CONNECTEDNESS - AARP Foundation attorneys litigate to keep older adults connected with their loved ones, safe in their homes, and engaged in their communities.

Connecting - Promote elder justice

AFL combats the causes and consequences of social isolation, including protecting older adults from physical and emotional abuse, neglect, and exploitation. 

Housing - Improve the ability to age in place

AFL expands access to affordable, accessible, and healthy housing.

Other impactful efforts on behalf of vulnerable older adults

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Bruised Hands of Elderly Woman in Emergency Room

AARP Foundation Attorneys Vigorously Fight Many Facets of Elder Abuse in Nursing Facilities

Explore

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On the Docket: Active in the Courts for You

Explore recent cases (in reverse chronological order of activity) in which AARP Foundation attorneys have filed, or that have been decided by the court.

Active Litigation Cases

Follow cases in which attorneys with AARP Foundation are engaged.

Recent Amicus Cases

Read recently filed amicus briefs.

In the News

A Cautionary Tale on Workplace Wellness Programs

Workplace wellness programs sometimes fail to show a substantial uptick in positive health measures, and as AARP argued and won in a suit against the federal government, can violate protection of workers' medical information and anti-discrimination laws.

Louisiana Legislation on Nursing Facility Camera Installation

A lawsuit initiated by AARP Foundation, Graff v. Heritage Manor, was instrumental in the enactment of the Louisiana legislation on the placement of video cameras in the rooms of nursing facility residents.

School District Charged with Violating Age Discrimination in Employment Act

Foundation attorneys Smith and McCann are co-counsel in an age discrimination lawsuit against Montgomery County Public Schools. The suit charges that the school district's pension plan violates the federal ADEA by mandating disability benefits that differ by a participants age.

Federal Court Strikes Down Medicaid Work Requirement in Kentucky and Arkansas

AARP Foundation's brief noted some of the chronic problems that are common among Medicaid recipients, and why implementation of the proposed waiver would be detrimental and impede Medicaid's objectives. The court preserved the status quo and continuity of coverage.

"Experience" and "Overqualified" as Subtle Age Discrimination

AARP Foundation attorneys McCann and Smith weigh in on age-based hiring practices as currently under review in the Kleber v. CareFusion case. Reporter, Elejalde-Ruiz (Chicago Tribune), quotes age discrimination expert McCann, "Specifying a maximum number of years of experience has a clear disparate impact on older applicants." At a time when more older applicants are attempting to enter the labor force, this masked discrimination against applicants can be devastating.

Attorney Bagby Interviewed Regarding Patient Dumping

"Patient dumping" is a serious issue that can confront vulnerable residents of nursing facilities. Attorney Kelly Bagby discusses ongoing litigation regarding one case of this practice with KSRF-FM's Mary Lou Cooper.

In the Spotlight

Huge Victory for Nursing Facility Residents Wishing to Live in Their Own Homes

The Court of Appeals for the D.C. Circuit reversed the trial court and remanded this Olmstead case. Now a class of approximately 1000 nursing facility residents wanting to live in their own homes with the same kind of medical services and supports as they receive in nursing facilities need D.C. to provide assistance.

Testimony of Senior Attorney McCann Before the U.S. House Committee on Education and Labor

In the ongoing efforts of AARP Foundation to combat barriers to employment and thereby open doors to opportunity that will strengthen financial stability; Senior Attorney for AARP Foundation Laurie McCann presented testimony before the Education and Labor Committee of the U.S. House of Representatives.

AARP Foundation Files for Cert in an Age Discrimination Case

AARP Foundation filed for certiorari in the case Kleber v. CareFusion; requesting that the U.S. Supreme Court decide if a job candidate can sue for hiring discrimination. The decision, as issued by the seventh circuit, is devastating to older job seekers and conflicts with Supreme Court precedent.

Discrimination Against Tenants with Disabilities

AARP Foundation attorneys and co-counsel filed suit in U.S. District Court alleging practices and policies that force tenants with disabilities to move out of their homes.

Dental Hygienists Will Continue to Provide Life-Saving Dental Care

AARP Foundation attorneys helped win a case against the California Department of Health Care Services to continue providing life-saving dental care for developmentally disabled and elderly people in care facilities.

Contact Us

AARP Foundation earns a high rating for accountability from a leading charity evaluator. 

Eighty-one cents of every dollar we spend goes toward programs and services that help low-income older adults. We have met every one of the Better Business Bureau’s 20 Standards for Charity Accountability.